If you're an entrepreneur, you know that protecting your intellectual property should be high on your list when it comes to safeguarding your company. However, as a successful business owner, you also know the steps and costs of filing a trademark in the U.S. can be expensive and arduous.
This conundrum can be even more overwhelming for new business owners who want to do everything possible to minimize the price of securing trademarks. They try to handle complicated tasks like trademark registration on their own, which can be a big mistake - especially when juggling the day-to-day tasks of running a business. You may be thinking, "But what about those set-it-and-forget-it services you can find online? All you have to do is plug in your info, and you're done." Using pre-made templates for trademark filing can be tempting, but doing so can leave you with inadequate protection and hurt you in the long run.
So, what is the easiest, most cost-effective route to consider that also minimizes legal risk? The truth is, before you spend money on a service like LegalZoom, it's best to consult with a trademark attorney working with clients in Myrtle Beach, SC.
At Sausser Summers, PC, our experienced trademark attorneys can help you understand the trademark process step by step. We can even help with U.S. trademark filing, U.S. trademark responses, and U.S. trademark renewals at a price you can actually afford. That way, you can make an informed decision regarding your business without having to break the bank.
Hiring an attorney can be a daunting task, but at Sausser Summers, PC, our goal is to make the process as simple and seamless as possible for you. That's why we offer a straightforward checkout service. First, you choose your flat fee trademark service and fill out a short questionnaire. Then, we will contact you within 24 hours to discuss the details of our service. From there, one of our experienced trademark attorneys will get to work on your behalf.
Using a trademark attorney for filing in Myrtle Beach, SC, can significantly increase your chances of a successful registration. The U.S. government recommends hiring a trademark attorney to help with your application, and our team of trademark lawyers is dedicated to meeting your needs. In fact, we help ensure your application is filed correctly the first time so you can get on with your life and avoid legal risks.
At Sausser Summers, PC, we work closely with our clients to understand their needs and provide them with sound professional advice. We never offer incomplete services, such as simply filing for registration, because that would leave you open to legal risks. You can rely on us to handle your intellectual property matters, and our flat fee services can help protect your business in a simple, straightforward, and affordable way. It's really that simple.
In terms of filing a U.S. trademark, we provide an easy three-step process to protect your intellectual property:
1. You provide your trademark info to our team via an online form.
2. Our team performs a comprehensive trademark search. This search ensures that no other marks will prevent you from registering your trademark in the U.S. Once performed, we'll send you a legal opinion letter that details our findings.
3. Sausser Summers, PC, files your U.S. trademark application. We are then listed as your Attorney of Record on file. From there, we'll provide ongoing updates regarding the status of your trademark as it works through the registration process.
The bottom line? At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
It's not necessary to be a lawyer in order to apply for a trademark. Anyone can submit a trademark application to the U.S. Patent and Trademark Office (USPTO). However, registering a trademark involves more than just filling out a form. It's essential to conduct thorough research, accurately identify and clearly explain your trademark to ensure it receives adequate protection. And even after securing a trademark, you've got to monitor it consistently to make sure it's free from infringement.
The big takeaway here is that it's always a good idea to work with a trademark attorney to protect the intellectual property that you've worked so hard to establish. According to the Wall Street Journal, applicants are approximately 50% more likely to secure their trademark than people who file applications on their own. If your trademark application is rejected by the USPTO, you will need to revise and refile it, incurring additional filing fees. To avoid delays and extra costs, it is best to have a trademark lawyer help you get it right the first time.
Great trademark attorneys (like those you'll find at Sausser Summers, PC) will help with every step of filing and enforcing your trademark. Some additional benefits include the following:
Check to see if your proposed trademark is registered by another entity.
Conduct research to see if another business is using the trademark for which you're applying.
Provide advice and guidance on the strength of your trademark.
Draft and submit your trademark applications and application revisions.
Advice and guidance regarding trademark maintenance and protection.
Monitor the market for unauthorized use of your trademark.
Trademark enforcement to protect you against infringement.
Curious whether our trademark attorney services are right for you and your business? Contact Sausser Summer, PC, today. Let's talk about what you need, and how we can help.
Online services, such as LegalZoom, can provide you with basic assistance in filing your trademark. However, they will never be a legitimate substitute for an experienced trademark attorney helping clients in Myrtle Beach, SC.
Although services like LegalZoom offer a step-by-step process, they take a one-size-fits-all approach to preparing legal documents. Even their advanced service only provides basic attorney assistance in completing your paperwork and helping with minor roadblocks. LegalZoom's disclaimer highlights the many limitations of its services, including the fact that communications are not protected by attorney-client privilege. In addition, LegalZoom cannot provide advice, explanations, opinions, recommendations, or any kind of legal guidance on possible legal rights, remedies, defenses, options, selection of forms or strategies.
In other words, LegalZoom can offer you the necessary forms and point you in the right direction, but they cannot customize their services to your specific needs or help you with serious complications that may arise.
For the most comprehensive trademark service and protection, it's always wise to work with highly rated trademark lawyers, like you'll find at Sausser Summers, PC.
Trademarks in the U.S. can last indefinitely, but did you know that clients in Myrtle Beach, SC can file a trademark online, only to lose protection in some circumstances? Trademarks differ from patents and copyrights in that they do not have an expiration date. However, to prevent the cancellation of a trademark, you must maintain it. To ensure that your trademark remains protected, you must actively use it in commerce and renew it with the USPTO every ten years.
The Lanham Act tells us that "use in commerce" is the legitimate use of a trademark in the ordinary course of trade. In other words, you cannot register a trademark solely to reserve the rights to it in the future. In most cases, a trademark must be used continuously in connection with the goods or services it is registered for.
Trademarks are registered with the USPTO and generally need to be renewed every ten years. However, there is one crucial exception that you should be aware of. Within the first ten years of owning a trademark, you must file for renewal between the fifth and sixth year from the date of your initial registration.
During this renewal period, you are required to submit a Section 8 declaration, a specimen that shows how the mark is being used, and pay the required fee. You can also apply for Section 15 Incontestability status, which can strengthen your trademark rights. This application, although not mandatory, can make it harder for others to challenge your ownership of the mark.
After the first renewal, which falls between the fifth and sixth year of ownership, the next renewal filing is due between the ninth and tenth year, and then every tenth year thereafter. In the ninth year you will need to file a Section 8 declaration, attesting to your use of the mark or excusable nonuse. You've also got to file a Section 9 renewal application before the end of the tenth year to keep your registration active.
It is worth noting that the USPTO provides a six-month grace period if you fail to renew your mark within the required time frame, but it is best not to rely on it. If you don't file within the grace period time limits, the USPTO will cancel and expire your mark.
By hiring trademark attorneys helping clients in Myrtle Beach, SC, you can avoid the pitfalls and mistakes that can arise and cause you to lose your rights to the mark that represents it.
In the event that you stop using your trademark and have no plans to resume using it in commerce, it may be considered abandoned by the USPTO. This could result in the loss of your protective rights to the mark. Typically, a trademark is assumed to be abandoned if it has not been used for three years. However, you may be able to refute this presumption by providing evidence that you intend to use the mark again in the future.
In addition to trademark abandonment, you should also be wary of improper licensing. It's important to remember that once you allow someone else to use your trademark, you must keep an eye on how they use it. You should monitor the products or services that feature your trademark to ensure that they meet consumers' expectations in terms of quality. Failure to do so can lead to a "naked" trademark license and the loss of your protective trademark rights.
If you're wondering how you can avoid refiling your trademark, the answer is simple: file it correctly the first time around. Filing a trademark isn't inherently difficult, but when doing so, it's very important that certain aspects are filled out accurately in your application. If any information is missing or incorrect, the trademark application may be considered "void ab initio" or void from the beginning, requiring you to file again.
To avoid this, make sure that the information you provide in the application is accurate and complete, including the ownership of the trademark. For instance, if a corporation has multiple shareholders, it should not file under the President's personal name. The rightful owner should be the one/entity that ultimately controls the trademark and the associated goods/services.
It is also important to ensure that the goods and/or services description is precise. For example, if you sell electronic products, you should not file for research and development services despite having a research and development department. The goods/services description should reflect the goods/services you offer to customers, not the departments within your business.
Additionally, providing accurate dates of first use when filing for a trademark is crucial. The USPTO requires two dates to be specified - the date of first use anywhere and the date of first use in interstate commerce. Contact our trademark law office today to learn more about having accurate dates on your filing paperwork.
At Sausser Summers, PC, we often get questions about how to distinguish run-of-the-mill consultants and others from great trademark attorneys. After all - when you're looking for an attorney to file or prosecute your business trademark, you should know their qualifications. Here are three ways you can separate the proverbial wheat from the chaff when it comes to trademark attorneys.
It's crucial to seek legal advice from a licensed trademark lawyer rather than relying on advice from non-professionals like trademark consultants. The USPTO even recommends hiring an attorney to help with the trademark process. Although trademark consultants may provide advice on trademark availability or name marketability, they cannot file the trademark for you or offer legal advice. According to the Rules of Practicing in trademark cases, "Individuals who are not attorneys are not recognized to practice before the Office in trademark matters." This rule applies to individuals who assist trademark applicants.
When searching for a trademark attorney, it's important to find someone with a strong background in trademark law. Look for an attorney who specializes in this area and has significant experience handling trademark-related cases. Avoid lawyers who don't have expertise in this field, as they may not be able to provide the guidance and support you need.
Ensure your attorney provides updates throughout the trademark registration process to avoid missing deadlines, including responding to any Office actions within six months. Failure to do so can result in trademark abandonment. The USPTO will only correspond with the listed attorney of record, so make sure your attorney keeps you informed.
Building your brand and gaining recognition for it is a significant achievement, and it's important to protect it. However, there are certain pitfalls and mistakes that can arise, causing you to lose your rights to the mark that represents it. By working with knowledgeable trademark attorneys, you can avoid these issues and file your trademark successfully.
With an A+ rating from the Better Business Bureau (BBB), Sausser Summers, PC, offers comprehensive guidance, strategic advice, and reliable representation for a variety of trademark matters. Our attorneys have years of real-world experience and, having registered countless trademarks with the USPTO, provide our clients with individualized representation when they need it most.
If you're looking for skilled, adept, and experienced counsel, look no further than our trademark law firm. Contact us today to schedule your initial consultation and learn how we can help you safeguard your brand.
GARDEN CITY — The maker of an umbrella that impaled a Garden City woman as she walked on the beach last year has denied all allegations of wrongdoing in a civil case brought by the woman’s husband, according to court documents filed this month.East Coast Umbrella Inc. is being sued by Michael Perreault, whose wife ...
GARDEN CITY — The maker of an umbrella that impaled a Garden City woman as she walked on the beach last year has denied all allegations of wrongdoing in a civil case brought by the woman’s husband, according to court documents filed this month.
East Coast Umbrella Inc. is being sued by Michael Perreault, whose wife Tammy died when a wind-blown umbrella struck her chest on Aug. 10, 2022. The case received national media coverage, and authorities ruled Tammy Perreault’s death was an accident.
But Michael Perreault filed a wrongful death lawsuit on Aug. 15, accusing the company of selling a “spear-like” product, according to court records.
In its Oct. 2 response to the lawsuit, the North Carolina-based manufacturer listed 13 possible defenses. The company’s primary contention was that Perreault lacks sufficient evidence to prove the firm’s liability. The company also argued that the incident could be considered “an act of God,” potentially shielding the manufacturer from liability.
In his lawsuit, Perreault alleged the umbrella lacked proper safeguards to keep it anchored in the sand. He said the company provided no warnings about what could happen if the umbrella wasn’t secured.
“As a result of Defendant’s negligence, gross negligence and recklessness, Decedent Tammy Perreault suffered severe bodily injuries including her ultimate death,” the complaint states.
Michael Perreault has accused East Coast Umbrella of creating an umbrella design that was “unreasonably dangerous, inadequate, unsafe, hazardous and defective,” which included its “spear-like” end, according to the lawsuit.
The widower said he and his wife did not know about the umbrella’s defects as they walked on the beach that day, and he blames those defects for her death.
“Perreault has lost the aid, comfort, companionship, support and society of his wife, Tammy Perreault, and (he) has suffered extreme emotional distress, anxiety, grief, and sorrow, for which he is entitled to recover damages,” according to the lawsuit.
Michael Perreault declined to comment, citing the emotional toll he feels when discussing the case. His attorney, Ian Maguire, also would not discuss the case.
East Coast Umbrella Inc. listed among its defenses that its products are state-of-the-art and meet all industry standards. It argued that the accident could have been caused by someone misusing the umbrella.
Perreault has demanded a jury trial and is seeking damages.
East Coast Umbrella is looking to move the case to federal court, according to an Oct. 11 filing. The company stated that federal court is the proper jurisdiction for the case because the plaintiff is seeking more than $75,000 in damages and lives in South Carolina while the firm is based in North Carolina.
In July, Perreault reached a settlement with Beach Services Ltd., an umbrella rental service, and the company’s owner, according to court documents. The terms of that settlement were not disclosed.
Since Tammy Perreault’s death, Horry County officials have avoided making any changes to the county’s beach shading rules.
The county only allows umbrellas up to 7 to 9 feet in diameter on the beach from Memorial Day to Labor Day. The county doesn’t allow large tents or wind-driven shading devices.
On April 11, Horry officials rejected requests from popular wind-driven shade companies Shibumi and Solbello, which sell canopies that flutter in the wind like flags, to exempt their products from the umbrellas-only policy. County officials said the shading devices would take up too much space and impede the vision of first responders.
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From fettuccine alfredo and veal marsala to calamari and cannolis, who can resist a delicious Italian meal?With over 2,000 full-service restaurants in the Myrtle Beach area, there are many eateries on the Grand Strand where you can get your fill.Whether you want to dine near Broadway at the Beach, Coastal Grande Mall or Family Kingdom, there’s an Italian restaurant for you.Here are the ...
From fettuccine alfredo and veal marsala to calamari and cannolis, who can resist a delicious Italian meal?
With over 2,000 full-service restaurants in the Myrtle Beach area, there are many eateries on the Grand Strand where you can get your fill.
Whether you want to dine near Broadway at the Beach, Coastal Grande Mall or Family Kingdom, there’s an Italian restaurant for you.
Here are the highest-rated Italian restaurants in Myrtle Beach, according to Google reviews.
Since 1985, Villa Romana has served Roman-style dishes. Located near Family Kingdom, the restaurant uses family recipes. If you’re lucky, you might be serenaded by the house accordion player.
Plan a date night at Solé Italian Restaurant, an upscale spot near Broadway at the Beach. Google reviewers recommended the fiocchi appetizer – pear-stuffed pasta with a cream sauce. “It was out of this world. The pear and cheeses really went together,” one diner wrote this summer.
For over 15 years, diners have enjoyed from-scratch Italian dishes at Ciao. Some unusual dishes on the menu include the spinach and walnut ravioli – which one reviewer described as “scrumptious” – and the grouper francaise, served over with a lemon-wine sauce over pasta. Each entree comes with fresh bread and a walnut pesto dipping sauce.
Fill your appetite for Italian food all day long at Maggi D’s, near the Coastal Grande Mall. Order a sandwich or classic soup for lunch and check Facebook page for dinner specials. Don’t forget dessert – Google reviewers recommend the cheesecake and cannolis.
Choose between New York-style pizza and Italian favorites at Little Italy. The thin-crust pizzas are cooked in a brick oven. On weeknights, stop by for a happy hour, with discounted appetizers and drinks from 4-7 p.m.
North Myrtle Beach is getting a new luxury shopping center.Lake View Commons is a luxury strip mall at 900 Highway 17 South in North Myrtle Beach.The 14,000-square-foot building will feature a steakhouse named 900 Prime, a high-end clothing shop, a Riccobene Associates Fami...
North Myrtle Beach is getting a new luxury shopping center.
Lake View Commons is a luxury strip mall at 900 Highway 17 South in North Myrtle Beach.
The 14,000-square-foot building will feature a steakhouse named 900 Prime, a high-end clothing shop, a Riccobene Associates Family Dentistry and other stores.
One space at Lake View is still available, according to the strip mall’s Facebook.
Michael King is the CEO and Founder of KingOne Properties and is the developer of Lake View Commons. He said the strip mall would open once the steakhouse was ready, projected to be in early spring 2024.
King added work on the building would cost eight million dollars, and including the land, totaled $10 million.
“I’ve always tried to concentrate on bringing class and style to our area,” King said. “Every community needs a mix of every dynamic, and I’ve just always liked trying to bring the high end here.”
Lake View is partly inspired by the South Florida architecture of Italian architect Addison Mizner, one of the most prominent in the state during the 1920s.
“I like South Florida, and I like what it has to offer, its architectural style, and I thought it would work really well here in Myrtle Beach,” he said. “We have beautiful beaches, wonderful southern hospitality, and still, a very affordable price to get what you get here in our area.”
Another part of the project caters to residents of the Northeast and Florida regions, who have moved to the area in droves in recent years.
“We’ll have people move from the Northeast and go down to South Florida, and it’s a little too much,” King said. “So they’ll move up in this area, and they’re used to high-end stuff up in the northeast, as well as in the Miami Fort Lauderdale area... They’re desiring the type of things that you find in the Northeast or in South Florida.”
More projects are in the works to fulfill that desire, too.
Another Lake View Commons is coming too, King said. A second 22,000-square-foot building with restaurants and boutique shopping is in the planning stages and should be completed in 2025, he added.
This story was originally published October 9, 2023, 5:00 AM.
ATLANTIC BEACH — Atlantic Beach sits at a crossroads.Its leaders want to see an oceanfront high-rise built in the northern Grand Strand town, a place that was once a haven for Black beachgoers in the segregated South but has seen its economic fortunes decline over the decades. Many residents, meanwhile, fear new development will erase the historic community. The Town Council on July 10 passed three zoning changes that relax restrictions on developers coming into town to build projects near the Atlantic Ocean.“We bel...
ATLANTIC BEACH — Atlantic Beach sits at a crossroads.
Its leaders want to see an oceanfront high-rise built in the northern Grand Strand town, a place that was once a haven for Black beachgoers in the segregated South but has seen its economic fortunes decline over the decades. Many residents, meanwhile, fear new development will erase the historic community. The Town Council on July 10 passed three zoning changes that relax restrictions on developers coming into town to build projects near the Atlantic Ocean.
“We believe this development would destroy our beachfront and forever change the cultural and historical significance of one of the last remaining oceanfront communities predominately owned and governed by African Americans,” property owner Naim Vaughan said during a July 10 public hearing where the ordinances unanimously passed, despite a packed community center in opposition.
Town officials said the ordinances are intended to encourage development that would bring in needed revenue to the community, but residents and property owners fear the measures could spell the end of the town’s character and charm. If the development is successful, they worry neighboring North Myrtle Beach will eventually consume the town.
Known as the Black Pearl, the town of nearly 300 residents sandwiched between the city limits of North Myrtle Beach was founded in 1934 by developer George Tyson.
During the segregation era, Atlantic Beach was one of the most popular vacation destinations for Black families along the East Coast — with its hotels, nightclubs, restaurants and stores where they could gather and mingle without fear of discrimination.
Later, integration resulted in the town’s search for identity and ways to keep visitor revenue on its nearly 100 acres. One idea turned out to be a popular motorcycle festival held annually on Memorial Day weekend.
The Black Pearl Cultural Heritage Festival, commonly known as Atlantic Beach Bikefest, was started in 1980 by the Flaming Knight Riders Motorcycle Club.
The town’s population has fluctuated in recent decades. From 2010-2020, Atlantic Beach lost 42 percent of its residents, at one point dropping below 200 people, according to U.S. Census data. The town then grew to 283 residents between 2020 and 2022. That was the largest growth percentage of any municipality in South Carolina during that period.
Some residents worry the town’s history would eventually vanish if a proposed 21-story oceanfront luxury hotel and condo project is built by developer Morant Properties LLC.
William Booker, president of the Association of Atlantic Beach Property Owners, said he moved to Atlantic Beach in 2005 and the topics discussed by the city at the time were not allowing condominiums to be built in the town, while not opening Ocean Boulevard to its neighbor North Myrtle Beach.
Traveling through the city of North Myrtle Beach by way of Atlantic Beach is blocked on Ocean Boulevard through barricades.
Booker asked the Town Council what changed over the years for them to consider such a proposal and warned them of what could happen in the future.
“The next thing we’ll be told is we got to open Ocean Boulevard,” Booker said. “And then there goes Atlantic Beach.”
Town Manager Benjamin Quattlebaum said that New York-based developer Charles Morant, a Georgetown County native, has not officially submitted an application to the town for the high-rise project, which would require a separate public hearing.
Morant’s proposed condotel, named “The Black Pearl of the Atlantic,” would be located near 30th Avenue South and South Ocean Boulevard, and feature 168 hotel rooms, 36 short-term rental units and 24 luxury-condo units.
The $80 million project also includes 420 parking spaces within a nearby 11-story parking garage, according to town documents.